WVC 51 - 2 A- 8
§51-2A-8. Rules of practice and procedure; applicability of rules
of evidence; record of hearings; duties of clerk of
circuit court.
(a) Pleading, practice and procedure in matters before a
family court judge are governed by rules of practice and procedure
for family law promulgated by the supreme court of appeals.

(b) The West Virginia rules of evidence apply to proceedings
before a family court judge.

(c) Hearings before a family court shall be recorded
electronically. A magnetic tape or other electronic recording
medium on which a hearing is recorded shall be indexed and securely
preserved by the secretary-clerk of the family court judge and
shall not be placed in the case file in the office of the circuit
clerk: Provided, That upon the request of the family court judge,
the magnetic tapes or other electronic recording media shall be
stored by the clerk of the circuit court. When requested by either
of the parties, a family court judge shall provide a duplicate copy
of the tape or other electronic recording medium of each hearing
held. For evidentiary purposes, a duplicate of such electronic
recording prepared by the secretary-clerk shall be a "writing" or
"recording" as those terms are defined in rule 1001 of the West
Virginia rules of evidence and unless the duplicate is shown not to
reflect the contents accurately, it shall be treated as an original in the same manner that data stored in a computer or similar data
is regarded as an "original" under such rule. The party requesting
the copy shall pay an amount equal to the actual cost of the tape
or other medium or the sum of five dollars, whichever is greater.
Unless otherwise ordered by the court, the preparation of a
transcript and the payment of the cost thereof shall be the
responsibility of the party requesting the transcript.

(d) The recording of the hearing or the transcript of
testimony, as the case may be, and the exhibits, together with all
documents filed in the proceeding, constitute the exclusive record
and, on payment of lawfully prescribed costs, shall be made
available to the parties.

(e) In any proceeding in which a party has filed an affidavit
that he or she is financially unable to pay the fees and costs, the
family court judge shall determine whether either party is
financially able to pay the fees and costs based on the information
set forth in the affidavit or on any evidence submitted at the
hearing. If a family court judge determines that either party is
financially able to pay the fees and costs, the family court judge
shall assess the payment of such fees and costs accordingly as part
of an order. The provisions of this subsection do not alter or
diminish the provisions of section one, article two, chapter
fifty-nine of this code.

(f) The clerks of the circuit court shall have, within the
scope of the jurisdiction of family courts, all the duties and
powers prescribed by law that clerks exercise on behalf of circuit
courts: Provided, That a family court judge may not require the
presence or attendance of a circuit clerk or deputy circuit clerk
at any hearing before the family court.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.